Chapter 3: Providing Equal Employment Opportunity & a Safe Workplace

The Age Discrimination in Employment Act prohibits discrimination against workers who are over the age of _____.

40

What is the term used to describe a necessary but not merely preferred qualification for performing a job?

A bona fide occupational qualification

Which of the following demonstrates quid pro quo harassment?

A department head makes a benefit contingent on an employee submitting to sexual advances.

After the EEOC verifies an allegation of discrimination, what are the three most common outcomes? A. a settlement between the EEOC and the organization that is accused of discrimination B. a federal lawsuit against the organization that is accused of discrimination C. a "right to sue" letter from the EEOC to the alleged victim D. dismissal of the charges and a countersuit against the alleged victim

A. a settlement between the EEOC and the organization that is accused of discrimination B. a federal lawsuit against the organization that is accused of discrimination C. a "right to sue" letter from the EEOC to the alleged victim

What legislation prohibits discrimination based on disability?

Americans with Disabilities Act

Identify a correct statement about the different branches of the U.S. government. A. The judicial branch has enacted a number of laws governing human resource activities. B. The legislative, executive, and judicial branches of the U.S. government play an important role in creating the legal environment for human resource management. C. The executive branch consists of the two houses of Congress. D. The legislative branch, including the many regulatory agencies that the president oversees, is responsible for enforcing the laws passed by Congress.

B. The legislative, executive, and judicial branches of the U.S. government play an important role in creating the legal environment for human resource management.

Which federal legislation furthers the Thirteenth Amendment's goal of abolishing slavery?

Civil Rights Acts of 1866 and 1871

OSHA inspections are performed by government agents known as ______.

Compliance Officers

Which of the following differences among countries often make it difficult for a company to ensure the safety of its employees in its international operations?

Cultural differences Differences in political climate Different legal systems

Why do many employees fail to report safety concerns at work?

Employees believe that companies often ignore reports about unsafe conditions.

The EEOC requires certain organizations to file a(n) _____ so that it can monitor hiring practices.

Employer Information Report

True or False: Only management has the right to request an OSHA inspection of the workplace.

False

True or false: The ADA definition of disability does NOT include individuals who have a history of a disability, such as someone who has had cancer but is currently in remission.

False

True or false: Under the requirements of the Genetic Information Nondiscrimination Act of 2008, an employer with 15 or more employees may use genetic information in making decisions related to conditions of work.

False

Which Supreme Court case is primarily used for disparate impact cases?

Griggs v. Duke Power

What steps can organizations take to ensure a workplace free from sexual harassment? (Select all that apply) Have a policy statement that makes it clear that sexual harassment will not be tolerated in the workplace. Prepare management to quickly discipline those who engage in sexual harassment. Train all employees on how to identify inappropriate workplace behavior. Do not allow employees to gather socially while at work.

Have a policy statement that makes it clear that sexual harassment will not be tolerated in the workplace. Prepare management to quickly discipline those who engage in sexual harassment. Train all employees on how to identify inappropriate workplace behavior.

Which statements are true regarding the Employee Information Report? (Select all that apply) It is a document that applicants submit to companies during job interviews. It breaks down the groups by gender. It lists the number of employees by job category. It is completed online.

It breaks down the groups by gender. It lists the number of employees by job category. It is completed online.

What does the Fourteenth Amendment to the U.S. Constitution address?

It ensures due process of law.

Which two statements are true of affirmative action in the United States?

It is the least popular when it uses quotas. It remains controversial.

The Occupational Safety and Health Act divided enforcement responsibilities between the Department of Labor and the Department of Health. The Occupational Safety and Health Administration (OSHA) is housed within the Department of _______

Labor

The ______ Act has raised the level of awareness of occupational safety.

Occupational Safety and Health

Which agency is responsible for enforcing executive orders that cover companies doing business with the federal government?

Office of Federal Contract Compliance Programs

Which act prohibits discrimination on the basis of pregnancy and childbirth?

Pregnancy Discrimination Act

Affirmative-action efforts include which of the following? Recruiting minorities on college campuses Advertising in minority-oriented publications Providing minorities with extra health benefits Providing educational opportunities to minorities

Recruiting minorities on college campuses Advertising in minority-oriented publications Providing educational opportunities to minorities

Which type of charge is the most frequently filed complaint with the Equal Employment Opportunity Commission (EEOC)?

Retaliation

Under Title VII, discrimination in employment is prohibited on the basis of ______. (Select all that apply) Multiple select question. sex religion age race

Sex, Religion, Race

_____ refers to workplace conduct of a sexual nature, including sexual advances, requests for sexual favors, and other contact of a sexual nature, whether verbal or physical.

Sexual harassment

Which law granted all citizens the right to enter into and enforce contracts, including employment contracts?

The Civil Rights Act of 1866

The Civil Rights Act of 1964 is enforced by which governmental agency?

The Equal Employment Opportunity Commission

Which branch of the federal government is responsible for enforcing the laws passed by Congress?

The Executive Branch

After the Supreme Court overturned an EEOC policy that defined the time frame when employees may file a complaint, what legislation was enacted in response?

The Lilly Ledbetter Fair Pay Act

What is the most comprehensive U.S. law regarding worker safety?

The Occupational Safety and Health Act

If the EEOC believes a complaint is not valid or fails to complete its investigation in the proper time frame, what is the next step for the person who filed the complaint?

The individual has the right to sue in federal court.

What are two responsibilities employees have when it comes to the Occupational Safety and Health Act? They must retaliate against employers that violate any regulations. They have a duty to report hazardous conditions in the workplace. They must follow OSHA's safety rules and regulations that govern employee behavior. They must only report on violations within their own departments.

They have a duty to report hazardous conditions in the workplace. They must follow OSHA's safety rules and regulations that govern employee behavior.

Which Acts were amended as a result of the Civil Rights Act of 1991?

Title VII of the Civil Rights Act of 1964 The Americans with Disabilities Act The Age Discrimination in Employment Act

What is the purpose of affirmative action programs?

To find opportunities to hire or promote people in a particular group

True or false: According to the Bureau of Labor Statistics, since 1990 the rate of injuries and illnesses in the workplace has shown a steady downward trend.

True

True or false: Organizations can gain competitive advantage over other organizations by ensuring diversity in the recruitment processes.

True

result from differences in seniority, merit, quantity or quality of production, or any factor other than sex then the pay differences are legal.

True

The ______ states that executive agencies and contractors and subcontractors that receive more than $2500 annually from the federal government must engage in affirmative action for individuals with disabilities?

Vocational Rehabilitation Act of 1973

When an employee wants to file a complaint based on the Lilly Ledbetter Act, what point in time is NOT used to determine whether the complaint falls within the parameters of the legislation? When the employee started a job with the company in question When the employer's decision or discriminatory practice occurred When the employee became subject to the decision or practice When the compensation was affected by the decision or practice

When the employee started a job with the company in question

Which scenario describes a bona fide occupational qualification?

a female employee handing out towels in a women's locker room

The purpose of _________ _________ is to increase the representation of minorities within an organization.

affirmative action

To promote a workplace free from sexual harassment, employers should make sure that employees ______.

are trained to identify inappropriate behavior

As a result of the Civil Rights Act, those who discriminate based on race, age, and other factors can be ______.

charged compensatory and punitive damages

The major law regulating equal employment opportunity in the United States resulted directly from the _____.

civil rights movement

When a U.S.-based employer implemented a new standardized safety policy, its Argentinian affiliate balked because it felt that safety should be controlled by the employees doing the work. What obstacle is the U.S. affiliate encountering?

culture

A physical or mental impairment that substantially limits one or more major life activities is known as a _____.

disability

One potential sign of _____ is disparate treatment, differing treatment of individuals where the differences are based on the individual's race, color, religion, sex, or other factors.

discrimination

The four-fifths rule is used to find evidence of potential _____ in hiring practices.

discrimination

A condition in which employment practices seem neutral but disproportionately exclude a protected group from employment opportunities is called _____.

disparate impact

A company hires men who have school-age children but fails to hire women with school-age children claiming the women will be absent frequently because their children could be sick and out of school. This scenario demonstrates the concept of _____.

disparate treatment

One way that employers can avoid disparate impact is to be sure that ______.

employment decisions are based on relevant, valid measurements

Effectively managing diversity means _______.

ensuring that diverse employees have equal opportunities

The condition in which all individuals have an equal chance for employment regardless of race, color, religion, sex, age, disability, or national origin is called _____.

equal employment opportunity

What is NOT the responsibility of the Occupational Safety and Health Administration (OSHA)?

evaluating discriminatory practices

Presidential Executive Order 11246 prohibits discrimination on the part of _____.

federal contractors and subcontractors

Under Executive Order 11478, the federal government is required to base all its employment policies on merit and _____.

fitness

Under the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must reemploy workers who left jobs to fulfill military duties for up to _____.

five years

What is the commonly used rule that provides evidence of potential discrimination based on a company's hiring rate for a majority group?

four-fifths

The ___ ____ clause of the Occupational Safety and Health Act states that each employer has an obligation to furnish each employee a place of employment that is free from recognized hazards that are likely to cause death or serious physical harm.

general duty

GINA is the acronym for legislation that prohibits employers from considering an employee's _____ when making decisions related to the person's job.

genetic history

As it pertains to employment opportunity, the EEO strives to ______.

give individuals an equal chance for employment

Lorissa has decided to look for a new job. She is totally uncomfortable at her current job because her manager, Stefan, constantly tells sex-related jokes and makes suggestive remarks about her appearance. Stefan has created a(n) _____.

hostile work enviroment

Harrison's manager asked if he knew anyone looking for work because the company needed to hire six new sales people. Harrison referred several of his friends. Nisha, who works with Harrison, is frustrated by this because all of his friends are white, wealthy and well-educated and don't represent some of the underserved groups of her company. This scenario demonstrates a disparate ________

impact

When Kelly called to inquire about the restaurant hostess job, the human resource director mentioned that the uniform only fit women up to size 8 and if Kelly was bigger than that she would not be eligible to apply. This exemplifies the idea of disparate _____.

impact

The Vocational Rehabilitation Act was the precursor to affirmative action and focused on providing enhanced employment opportunities for _____.

individuals with disabilities

What are two areas where reasonable accommodation most often comes into play in many businesses?

individuals with disabilities religious practices

What does the Thirteenth Amendment to the U.S. Constitution address?

it abolished slavery

Name a method of promoting safety by determining which specific element of a job led to a past accident.

job hazard analysis technique

What is the process of breaking down each job into basic elements and rating each element for its potential for harm or injury?

job hazard analysis technique

Businesses that have government contracts for more than $50,000 may not discriminate in hiring employees and _____.

must have written affirmative-action plans on file

Under the Uniformed Services Employment and Reemployment Rights Act, employers _____.

must make reasonable accommodations for military workers returning to the company

What condition is not covered by the Americans with Disabilities Act? obesity paralysis blindness epilepsy

obesity

Which category of employees is NOT covered by Title VII of the Civil Rights Act of 1964?

older workers

What is the term for an employer's obligation to do something to enable an otherwise qualified person to perform a job?

reasonable accommodation

Under the general-duty clause of the Occupational Safety and Health Act, employees have a right to a place of employment that is free from _____.

recognized hazards

The federal government's executive branch includes _____, which can affect human resource management.

regulatory agencies overseen by the president

To ensure safe workplace behaviors, employers should not only define how to work safely but also _____.

reinforce the desired employee behavior

What are the three key components of most safety awareness programs?

reinforcing safe practices promoting safety internationally identifying and communicating hazards

What accusation can be lodged against a company that favors minority or female job applicants over white and/or male applicants?

reverse discrimination

What are the major components of an OSHA inspection? (Select all that apply) posting OSHA citations at site of violation reviewing a company's records of deaths, injuries, and illnesses interviewing employees giving specific suggestions of how to correct violations a "walkaround" tour of the employer's premises

reviewing a company's records of deaths, injuries, and illnesses interviewing employees a "walkaround" tour of the employer's premises

The OSH Act of 1970 establishes standards for worker _____.

safety

Going beyond compliance with OSHA, ______ seek to make symbolic and substantive changes to an organization's safety efforts.

safety awareness programs

Belinda's boss Max has told her several times that she would be promoted to manager if she slept with him. This situation is an example of _____.

sexual harrassment

Which law was designed to protect older employees when a company reduces its workforce through layoffs?

the Age Discrimination in Employment Act

What institution is head of the U.S. judicial branch, which influences employment law?

the US Supreme Court

An important distinction between disparate treatment and disparate impact relates to ______.

the employer's intent

The Office of Federal Contract Compliance Programs is responsible for enforcing orders that cover companies doing business with _____.

the federal government

Disparate __________ must be proven in court by showing that the employer intended the action.

treatment

What are the three basic components of an affirmative-action plan for contracts with the federal government for more than $50,000?

utilization analysis action steps goals and timetables

Within how many days does an individual have to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC)?

within 180 days of the incident